Three Simple Steps to Fair Housing Compliance 

RE19RC12

Jody OBrien

CEU Outline

Fair Housing Violation Goes Viral

Learn the Law

Protected ClassesFederal and State

• Race• Color• Religion• National Origin • Familial Status• Handicap • Sex

• Age• Marital Status• Veteran History or Military

Status• Sexual Orientation • Children • Public/Rental Assistance• Gender Identity• Genetic Information

Prohibited Behavior• Steering

o The illegal practice of directing a member of a protected class towards or away from a particular area or neighborhood.

o Steering is often subtly and difficult to detect, homeseekerscan be unaware that their choices have been limited. Words, phrases or actions that are intended to influence the choices of a prospective buyer are discriminatory actions.

• Segregated Facilities

Prohibited Behavior• Discriminatory Advertising

o no one can make, print or publish discriminatory ads including those who are exempt

• Ads that contain words, phrases, symbols or visuals that indicate a discriminatory preference or limitation.

• Ads that selectively use media, human models, logos and locations to indicate an illegal preference or limitation

• Refusal to publish ads because of protected class.

Communications Decency Act andDigital Millennium Copyright Act

• CDAo Passive website operator

• DMCAo No actual knowledgeo Not aware of infringement o No financial benefito remove the infringing content immediatelyo provides a means of notification of

infringement

Fair HousingCHAPTER 151B. UNLAWFUL DISCRIMINATION BECAUSE OF RACE,

COLOR, RELIGIOUS CREED, NATIONAL ORIGIN, ANCESTRY OR SEX

Chapter 151B: Section 7. Posting notices setting forth excerpts of statute and other information; refusal to post

Section 7. Every employer, employment agency, real estate agency, rental office, labor union, institutional creditor, proprietor of a business or of a place of public accommodation, or other person, corporation, or group subject to this chapter, shall post in a conspicuous place or places on his premises a notice to be prepared or approved by the commission, which shall set forth excerpts of this chapter and such other relevant information which the commission deems necessary to explain the chapter. Any employer, employment agency, real estate agency, rental office, labor union, institutional creditor, proprietor of a business or of a place of public accommodation, or other person, corporation, or group subject to this chapter, who refuses to comply with the provisions of this section shall be punished by a fine of not less than ten dollars nor more than one hundred dollars. A subsequent violation of this section by the same person, corporation, or group, if such violation occurs more than sixty days from a prior conviction for violation of this section, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars.

Fair Housing

Online advertising and Fair HousingWhat are agents saying?

Check Your Listings

On‐line advertising• Craigslist• Realtor.com• Yahoo• Zillow• Specialty web sites

Apply the Information

Write Great Ads• List five great features about the property

• List five benefits of each feature

• Create three attention grabbing headlines about

the property (remember not people)

• Tell a story, create a visual and awaken emotion

• Close with a call to action

Best Practices• Display the Fair Housing Poster in your Place of

Business• Use the Equal Housing logo in advertising and

websites• Create office policy on advertising• Review office policy on advertising• Create all advertising about the property• Never use the people who would, could, should,

live there

Best Practices• Distribute a list of Inappropriate words to use in ads• Review ads for the above language• Eyes on the Folder• Require conduct yearly training (can be a

requirement of lower cost E&O)

Jody O’BrienThe RE/Education Company

Committed to Professionalism in Real Estate through Education

Blogwww.reeducator.wordpress.comPresentationwww.slideshare.net/ReEducationCompany

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Thank you for Attending